IP & Antitrust India

Does competition law apply to the obtainment, grant, acquisition, exercise and transfer of intellectual property rights? Competition law in India is dealt under the provisions of the Competition Act 2002 (Act). The Act has three substantial provisions: (a) section 3 of the Act which provides that no person shall enter into any agreement that causes or is likely to cause an appreciable adverse effect on competition (AAEC) within India; (b) section 4 of the Act, which deals with abuse of dominant position; and (c) sections 5 and 6 of the Act, which deal with merger control. The Act applies to the obtainment, grant, acquisition, exercise and transfer of intellectual property rights (IPRs). In India, there is no relevant secondary legislation or regulations that applies specifically to the application of competition law to IPRs.